Head

I. FACTS AND PROCEDURAL HISTORY

On June 29, 2001, Glacier, Matthew Head’s employer, ter- minated him after he got a loader he was operating stuck in the mud. The loader had to be extracted by another piece of equipment. In terminating Head, Glacier cited damage to the loader in violation of an equipment abuse policy issued in 2000. It was undisputed that Head had received this policy.

In early 2001, prior to his termination, Head was diagnosed with depression or bipolar disorder. Head informed Glacier of this diagnosis. At the time of his diagnosis, Head worked graveyard shift as a barge offloader. Head subsequently missed almost two months of work because of his disability. Head requested, and was granted, a Family Medical Leave of Absence for this time period. Although Head returned to work in May 2001, his doctors restricted him from working more than 12 hours per day or 48 hours per week. The doctors also limited Head to working only the day shift.

After his termination, Head filed numerous claims in fed- eral district court. Of relevance to this appeal were Head’s claims under the ADA and Oregon law for disability discrimi- nation based on Head’s disability, record of…